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(영문) 춘천지방법원 강릉지원 2016.06.30 2016고단499
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a special motor vehicle of Bbenz Mors and Morse.

On February 24, 2016, the Defendant driven a Track Track on the 10:50 on February 24, 2016, and proceeded from the 7th parallel side of the national highways of Ulsan-gun to the 105km speed.

At the time, the road was accumulated up on the road, and therefore, there was a duty of care to reduce the speed of the road and properly manipulate the steering and brakes, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and found a motor vehicle parked due to an accident on a one-lane, and changed the vehicle to a two-lane, the Defendant received the victim C(37 ) (37) who was on the right side of the right side of the horse when changing the vehicle to a two-lane.

Ultimately, the Defendant caused the death of a victim who was receiving a post-treatment treatment from a three-way medical center located in the South-dong of Samyang-dong at around 11:30 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Articles 3 and 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The first offense for sentencing under Article 62 (1) of the Criminal Act, the suspended sentence of which is the grounds for sentencing, and the scope of sentencing guidelines agreed with the victim's bereaved family members: April of imprisonment without prison labor, - October (in the area of traffic crimes, general traffic accidents, traffic accidents, death of traffic accidents, mitigation of punishment, etc.),

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